Rules of Court
Proof of publication, see RCC rule 11.
Service of summons, see HRCP rule 4.
Recordation, see RLC rule 62(b).
Case Notes
When lien attaches: Lien does not exist until notice thereof is filed. 9 H. 23. Lien does not exist until notice is filed. 12 H. 356. A copy of notice served upon the owner. 24 H. 74, 78; 25 H. 214, 216; 32 H. 913, 915. Lien does not relate back to date materials furnished. 9 H. 23, 25; 24 H. 74.
Notice of lien contents: Should show the class or kind or nature of the materials. 10 H. 151. For sufficiency of description of materials, see 24 H. 181. Must describe the property upon which the lien is claimed. 20 H. 180. Land must be so described that prospective purchasers and creditors may be enabled to identify it. 21 H. 585. Insufficient to describe structures only. 20 H. 180. Description held insufficient. 21 H. 585. Defects in notice cannot be cured by amendment after expiration of period named in the statute. 21 H. 585, 588.
Building deemed completed for purpose of filing notice of lien, when. 12 H. 358; 21 H. 119, 736. Abandonment by contractor does not prevent materialmen from filing lien within statutory period after completion of building. 12 H. 358.
Proceedings have commenced when declaration filed and process issued with intent that service be made promptly. 14 H. 448; 52 H. 298, 475 P.2d 362.
Conveyance by owner to wife for purpose of defeating materialman is void, as against lien, proper notice of which is filed. 23 H. 21.
Failure to file copy of notice in time cured by stipulation, waiver. 38 H. 372, 431.
Provision that publication of notice is not an admission of satisfactory completion, referred to. 49 H. 578, 596, 426 P.2d 298.
Legislative policy as to time for filing liens, immaterial in interpreting provision in contractor's bond as to time for suit against surety when bond did not refer to lien statute. 49 H. 578, 599, 426 P.2d 298.
Filing "not later than forty-five days after the date of completion" construed. 50 H. 540, 445 P.2d 109.
Courts' determinations in an application for mechanic's lien have no effect upon the determination of any issue in action to enforce the lien. 58 H. 104, 565 P.2d 980.
Order granting application for mechanic's lien and directing attachment of such lien is interlocutory. 58 H. 104, 565 P.2d 980.
Notice provision (prior to 1974 amendment) was held directory rather than mandatory and failure to serve certain parties did not invalidate lien as to those served. 59 H. 612, 585 P.2d 1265.
Return date for application and notice is mandatory. 68 H. 228, 708 P.2d 140.
Person claiming set-off against lienor has burden of establishing set-off of a given amount. 2 H. App. 90, 626 P.2d 204.
Intermediate court of appeals is not appropriate body to determine whether particular newspaper is one of general circulation. 3 H. App. 43, 641 P.2d 328.
Cited: 31 H. 446, 451.
Hawaii Legal Reporter Citations
Burden of proof to establish lien. 78-2 HLR 78-993.
Assignment of lien. 79 HLR 79-0901.